Bulletin 101 Abstracts of Current Decisions on Mines and Mining

MINERALS OWNERSHIP AND POSSESSION. The owner of minerals under a conveyance from the surface owner does not lose his right or his possession by mere nonusage of the minerals. McBeth v. Wetnight (Indiana), 106 Northeastern, 407, p. 410, October, 1914. QUIETING TITLE TO MINERALS-PLEADING. A complaint in an action to quiet title to minerals and to the min- eral rights in certain land is insufficient in the absence of a direct allegation of possession, although it avers that the plaintiff from the time of receiving the conveyance assessed the mineral interest for taxes each year and paid the taxes thereon and exercised various acts of ownership of such mineral interests, in that he caused test pits to be dug on the land for the purpose of exploring the minerals and ascertaining their quality and extent, in going upon the land and looking after them from time to time, and that he accompanied or caused his agents to accompany prospective purchasers of such mineral interests and exhibited the same to such prospective pur- chasers in efforts to sell them. Fowler r. Alabama Iron & Steel Co. (Alabama), 66 Southern, 672, p. 673, Novem- ber, 1914. SALE BY MARRIED WOMAN-VALIDITY. A conveyance by a married woman of the mineral rights in certain described land is void where she had previously conveyed the land to another grantee who had acquired title by adverse possession under the deed.